Kunjoonjamma Zacharia vs The District Collector
2022 Latest Caselaw 449 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                          WP(C) NO. 25816 OF 2021
PETITIONER:

             KUNJOONJAMMA ZACHARIA,
             W/O. V.K. ZACHARIAH, VALIYAPARAMBIL HOUSE,
             MARIAGIRI, PEERMADE VILLAGE, PEERMADE TALUK,
             PEERMADE P.O., IDUKKI DISTRICT.
             BY ADVS.
             K.RAMAKUMAR (SR.)
             S.M.PRASANTH
             G.RENJITH
             R.S.ASWINI SANKAR
             T.H.ARAVIND


RESPONDENTS:

      1      THE DISTRICT COLLECTOR,
             IDUKKI-685603, PAINAVU, IDUKKI DISTRICT.
      2      THE REVENUE DIVISIONAL OFFICER,
             IDUKKI-685603, PAINAVU, IDUKKI DISTRICT.
      3      THE TAHSILDAR,
             TALUK OFFICE, PEERMADE - 685531, IDUKKI DISTRICT.
      4      THE VILLAGE OFFICER,
             VILLAGE OFFICE, MEERMADE-685531, IDUKKI DISTRICT.




             GP MABEL C KURIAN



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2022, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                  2



W.P.(C)No. 25816 of 2021




                           JUDGMENT

Dated this the 13th day of January, 2022.

The petitioner has approached this Court seeking a

direction to the third respondent - Tahsildar to complete

the proceedings on his application for transfer of Registry

of the property comprised of in Sy.No.205/2 of Peermade

Village, within a time frame to be fixed by this Court.

2. Sri.Ramprasad Unni T - learned counsel for the

petitioner, pointed out that, as per the directions of this

Court in an earlier writ petition - namely W.P.(C) No.1295

of 2013, his client has been heard by the Revenue

Divisional Officer, as is evident from Ext.P6, but that no

further action has been taken thereon after that. He

prayed that, therefore, either the RDO or the Tahsildar be

W.P.(C)No. 25816 of 2021

directed to decide his client's application without any

further delay.

3. Smt.Mabel C Kurian - learned Senior

Government Pleader, responded saying that though she

does not have instructions as to why the petitioner's

application has not been finally disposed of - if it has not

been yet, if this Court is so inclined, the competent

Authority can do so, following due procedure and taking

into account all germane and necessary inputs.

Taking note of the afore submissions, and in

particular Ext.P6, I direct the second or the third

respondent, as the case may be, to issue final orders on

the application of the petitioner for transfer of Registry of

the property mentioned above in his favour, as

expeditiously as is possible but not later than one month

from the date of receipt of a copy of this judgment.

I make it clear that the request of the petitioner

W.P.(C)No. 25816 of 2021

cannot be rejected merely because there is a pending

enquiry against "patta" in question, because it is now

well settled that should such enquiry end to the

detriment of the petitioner leading to cancellation or

modification of the "patta", petitioner will be bound by

the same, subject to his available remedies; but will not

be a ground for the Authorities now to deny the request

for transfer of Registry merely on that basis.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Raj/13.01.2022.

W.P.(C)No. 25816 of 2021

APPENDIX OF WP(C) 25816/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF PATTA NO. LA NO.

10/93/PMD DATED 27/06/1997 ISSUED BY THE SPECIAL TAHSILDAR, LAND ASSIGNMENT, PEERMADE TO ONE AUGUSTY JOSEPH, KUTTIKANAM, IDUKKI DISTRICT. Exhibit P2 TRUE COPY OF JUDGMENT DATED 21/11/2019 IN WPC NO.1295/2013.

Exhibit P3 TRUE COPY OF SETTLEMENT DEED NO.666/2017/S DATED 03/03/2017 REGISTERED IN SRO, PEERMADE BY THE PETITIONER'S HUSBAND SRI. ZACHARIA IN FAVOUR OF THE PETITIONER.

Exhibit P4 TRUE COPY OF PROCEEDINGS NO. A5-

12130/11 KBTA NO. 1741 DATED 17/02/2020 ISSUED BY THE TAHSILDAR, PEERMADE TO THE PETITIONER.

Exhibit P5 TRUE COPY OF PROCEEDINGS NO. A5-

12130/11 KBTA NO. 1741 DATED 11/02/2020 ISSUED BY THE TAHSILDAR, PEERMADE TO THE PETITIONER.

Exhibit P6 TRUE COPY OF NOTICE NO. B2-1054/2012 DATED 15/09/2020 ISSUED BY THE REVENUE DIVISIONAL OFFICE, IDUKKI, PAINAVU TO THE PETITIONER AND HER HUSBAND.

Exhibit P7 TRUE COPY OF REPRESENTATION DATED 01/10/2020 SUBMITTED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICE,

W.P.(C)No. 25816 of 2021

IDUKKI, PAINAVU.